Strategies in a Changing Environment: Fraud Protection v. Access

1. Strategies in a Changing Environment: Fraud Protection v. Access 2013 NGS Family History Conference Las Vegas, Nevada

2. Agenda • RPAC members & participating organizations and how RPAC functions—Jan Alpert, chair • Model State Vital Statistics Act: The threat and our response—Jan Alpert, chair • SSDI: Fraud prevention or source of fraud? Tools to respond—Jan Meisels Allen, VP, IAJGS • Digital Due Process Coalition: Expanding the circle of influence—Fred Moss, counsel FGS • Congressional Recess: Make your voice heard • Q & A

3. About RPAC • Joint Committee of FGS, NGS, and IAJGS • Participating organizations: APG, ASG, BCG, and ICAPGen. • Other participants: Ancestry & ProQuest • State Liaisons (32 of the 50 states currently represented)

4. Jan Alpert, Chair, (SC) Jordan Jones, NGS, (NC) Donn Devine, NGS (DE) Darrell Jackson, NGS (MO) Jan Meisels Allen, IAJGS (CA) Ken Ryesky, IAJGS (NY) Kelvin Meyers, APG (TX) Alvie Davidson, APG (FL) Lou Szucs, Ancestry (IL) Bill Forsyth, ProQuest (MI) Josh Taylor, FGS (CA) David Rencher, FGS (UT) Curt Witcher, FGS (IN) Fred Moss, FGS (TX) Linda McCleary, FGS (AZ) Joy Reisinger, FGS (WI) Barbara Mathews, BCG (MA) Roger D. Joslyn, ASG (NY) Linda Gulbrandsen, ICAPGEN (UT) RPAC Participants

5. RPAC Mission • Advocate open access to vital records • Support strong preservation policies & practices • Advise community about federal, state, and sometimes local regulations and legislation • Coordinate genealogical community response

6. How RPAC Works • Meetings—FGS & NGS Conferences • Monthly evening conference call—First Thursday each month • Presentations 2013 at NGS, FGS, & IAJGS • RPAC Blog at http://www.FGS.org/rpac • RPAC email list • State Liaisons mailing list

7. RPAC Bloghttp://www.fgs.org/rpac/

8. RPAC Bloghttp://www.fgs.org/rpac/ • SSDI and State regs 2 slides

9. RPAC Blog http://www.fgs.org/rpac/publications

10. Myths that Threaten Access toVital Records • #1 Vital records should be private records • #2 Access to vital records results in identity theft • #3 Tax fraud is the result of access to the Social Security Death Index

11. RPAC Positions • #1 Vital records are public records and should be accessible. • #2 Identity theft is primarily the result of large databases being compromised #3 The IRS needs to improve its procedures for electronic tax returns, and flag inconsistent information.

12. How We Hear About Threats Members of RPAC committee Participating organizations in RPAC State Liaisons Genealogy Blogs Library of Congress—Thomas http://thomas.loc.gov/home/thomas.php

13. How RPAC Responds to Threats RPAC supports and assists local genealogy groups and state liaisons Monitors bills in the legislative progresses Communicates threats and bill status Prepares written statements for key committee hearings Posts sample letters to legislators Talking Points for visits with your legislators during late May or July recesses

14. State Liaisons—How Selected • Normally by state umbrella society, or • By agreement of local genealogical and/or historical societies • Looking for volunteers interested in the political process • Who possibly worked in government affairs, state or local government

15. State Liaison Responsibilities with Support from RPAC • Monitor state legislative & regulatory activity • Timely Alert to RPAC • Primary link between state genealogical community & RPAC • Build a communications network across the state for a consistent response • Compile state specific data on access and retention of vital records for RPAC website.

16. State Liaison Roster • Elizabeth Wells (AL) • Connie Bradbury (AK) • Linda McCleary (AZ) • Jan Davenport (AR) • Liz Stookesberry Myers (CA) • Corrine Knasinski (CO) • Robert Rafford (CT) • Donn Devine (DE) • Richard Robinson (FL) • Elizabeth Olson (GA) • Steve Barrett (ID) • Jeanie Lowe (IL) • Curt Witcher (IN) • Cynthia Hofmeister (LA) • Helen Shaw (ME) • Cynthia Grostick (MI) • Nancy Waller Thomas (MO) • Verba Valentine (MT)

17. State Liaison Roster • Laura Ingenluyff (NV) • Joan Lowry (NJ) • Jud Campbell (NC) • Amy Johnson Crow (OH) • Billie Fogarty (OK) • Leslie Lawson (OR) • James Beidler (PA) • John Andrews, Jr. (SC) • Byron Crain (TN) • Teri Flack (TX) • John Leppman (BT) • Barbara Vines Little (VA) • Eric Stroschein (WA) • Pam Anderson (WI) State Liaisons in the room please stand

18. District of Columbia Hawaii Iowa Kansas Kentucky Maryland Minnesota Mississippi Nebraska New Hampshire New Mexico New York North Dakota Rhode Island South Dakota Utah West Virginia Wyoming Liaisons Needed

19. Current Threats to Access • Model State Vital Statistics Act • Attempts to close access to the Social Security Death Index

20. Model State Vital Statistics Act • Current version adoptedin 1992. • Many western states have followed Model Act • Restricts access to birth records for 100 years • Restricts access to marriage, divorce, & death for 50 years • In 2009 working group began revisions • Genealogical community was not asked to testify or submit statements

21. 2011RevisionModel State Vital Statistics Act • Working group reported revision May 2011 • Restricts access to birth records for 125 years • Restricts access to marriage or divorce records for 100 years • Restricts access to death records for 75 years • April 2012 Dept. of Health & Humans Services (HHS) put Model Act “on hold”

23. 2011 Revision Model Act • In anticipation of the new Model Act being approved, several states have introduced bills • Passed in Oklahoma in 2011—no one noticed • Bills introduced in Virginia, Washington, Oregon, and Texas—mixed results • RPAC, together with state and local genealogists have been working to stop any adverse changes

24. Legislatures & State Liaison’sActive in 2013 • Robert Rafford (CT) • Elizabeth Olson (GA) • Helen Shaw (ME) • Billie Fogarty (OK) • Leslie Lawson (OR) • Teri Flack (TX) • Eric Stroschein (WA) • Together with many other genealogists and organizations in their state

25. Dept. Health & Human Services • Under HIPAA, federal Health Insurance Portability and Accountability Act • HHS adopted new rules which include opening up medical records 50 years after the patient’s death. • After 50 years difficult to find a legal representative • Became effective 26 March 2013 • Clarity for archives who hold hospital records

26. Jan Meisels Allen Member, RPAC IAJGS Vice President Chairperson, IAJGS Public Records Access Monitoring Committee President, Jewish Genealogical Society of the Conejo Valley and Ventura County (JGSCV) jan@iajgs.org

27. Genealogists without records can’t do genealogy We are facing crises worldwide on access to vital records Due to misunderstanding by those in power about Identity Theft Budget Cuts RPAC IS CRITICAL TO KEEPING RECORDS ACCESS OPEN

28. Tool Kit For State Liaisons See: http://tinyurl.com/83q6t8m Interview on Records Access http://tinyurl.com/7tlpcbt

29. Never Watch Laws or Sausage Being Made

30. Bills change subjects from what they originally covered when introduced. What to do? Actively monitor and review all future versions of the bill

31. How to read changes: Underlined/italicized words are new Crossed-out words are those being removed New language in italics Removed language crossed-out

32. Each State Is Different You need to know how your state writes legislation How a bill becomes a law

33. How To Find Your State’s ? “How A Bill Becomes A Law” Google it! www.google.com

34. Nevada

35. Every step on the “How A Bill Becomes A Law” is an opportunity to shape the outcome…from the day it is introduced, the hearings, going to the floor of the legislature, to the governor’s desk. Take the necessary steps at each opportunity!

36. Legislation That Effects Access Is Also From US Congress US Congress Bills http://thomas.loc.gov/home/lawsmade.toc.html How A Bill Becomes A Law: Federalhttp://www.congresslink.org/Frantzich/index.htm Lexis/Nexis- short and to the pointhttp://www.lexisnexis.com/help/CU/The_Legislative_Process/How_a_Bill_Becomes_Law.htm Legislation That Effects Access Is Also From US Congress US Congress Bills http://thomas.loc.gov/home/lawsmade.toc.html How A Bill Becomes A Law: Federalhttp://www.congresslink.org/Frantzich/index.htm Lexis/Nexis- short and to the pointhttp://www.lexisnexis.com/help/CU/The_Legislative_Process/How_a_Bill_Becomes_Law.htm

37. Thomas: Library of Congresshttp://thomas.loc.gov/home/thomas.php

38. Social Security Death Index/Death Master File Under Attack 4 bills in Congress that would remove or limit public access to SSDI • HR 295—Nugent (R-FL) http://tinyurl.com/al3pb4y • HR 466 (Capuano (D-MA) http://tinyurl.com/bze6vdu • HR 531 (Castor D-FL) http://tinyurl.com/cbfad7n • SB 676 Nelson(D-FL) Feinstein (D-CA) Schumer (D-NY) http://tinyurl.com/btf35vh

39. HR 295—Nugent (R-FL) Prohibition on disclosing any information contained in the DMF regarding any individual who died in the previous two calendar years unless the person is certified under a specific program where the person has a ”legitimate fraud prevention interest” in accessing the information described in the DMF.  There is no definition of what a “legitimate fraud prevention interest” is and any one violating this provision is subject to substantial monetary penalties. There are no provisions for genealogists to be certified.

40. HR 466 Capuano (D-MA) The Commissioner of Social Security is prohibited from publishing the death master file or any public database that includes the Social Security numbers of ANY deceased individual. 

41. HR 531 Castor (D-FL) Same as HR 295 Prohibition on disclosing any information contained in the DMF regarding any individual who died in the previous two calendar years unless the person is certified under a specific program where the person has a ”legitimate fraud prevention interest” in accessing the information described in the DMF. There are no provisions for genealogists to be certified.

42. SB 676 Nelson(D-FL) Feinstein (D-CA) Schumer (D-NY) Cardin (D-MD) Title III of this bill includes the prohibition of any individual accessing the DMF in the year of death or the next two calendar years unless the person is certified under the program by the Secretary of Commerce. Persons who may be certified include those having a ”legitimate interest” in preventing fraud or unauthorized financial transactions, applicable law, regulation, court order, or fiduciary duty, facilitate administration of an insurance policy and credit reporting. There are no provisions for genealogists to be certified.

43. White House Expected To Weigh-In In the annual White House budget proposal the following is part of the DMF/SSDI discussion: “the Administration is proposing to restrict immediate access to the DMF to those users who legitimately need the information for fraud prevention purposes and to delay the release of the DMF to all other users". See: http://tinyurl.com/cdo57rn pages:153 and 206

44. RPAC Position: While we advocate all genealogists should have immediate access to the SSDI, we would support a two year delay in access -and if necessary the third year that National Taxpayer Advocate Nina Olson advocates. This support is with the caveat that certain genealogists are to be eligible for certification for immediate access for purposes such as tracking lost heirs, investigating family medical histories, repatriating the remains of deceased individuals to surviving relatives, and other compelling purposes; These genealogists include: forensic genealogists, heir researchers, and those researching individual genetically inherited diseases.

45. Monitor RPAC Website Frequently www.fgs.org/rpac

46. Write a Letter to the Committee(s) Which Will Hear the Bill Who do you include? Committee Chairperson Committee Members Author of Bill (may or may not be on the committee hearing the bill) Committee Staff If bill is going to president or governor for signature Write to president/ governor and legislative aide

47. How To Find Out Where To Write Go to www.IAJGS.org and click on Legislation Then on Legislative Websites US State Legislative websites US Congress Canadian Parliament and Provincial Websites (there is a link to the IAJGS website from the RPAC home page)

50. WashingtonLegislature Page